BANSAL, J. - (1.) THIS appeal is directed against the judgment dated September 27, 2000 passed by learned Additional Sessions Judge No. 1, Bundi whereby appellant Kanhaiya Lal has been convicted under Section 302 of the Indian Penal Code and sentenced to suffer imprisonment for life and a fine of Rs. 1,000/- and in default of payment of fine to further undergo rigorous imprisonment for six months.
(2.) BRIEFLY stated the facts of the prosecution case are that on 11. 02. 93 at 2. 30 a. m. `parcha-Bayan' Ex. P20 of deceased Hariom was recorded by PW21 Udailal, A. S. I. , P. S. Lakheri wherein it was stated by Hariom that on the same night he was sleeping on a cot in a thatched room of his house. In the adjoining room his brother and his mother were sleeping. There was light in the house. At about 1. 30 a. m. Kanhaiya Lal Khateek entered into his house and inflicted injury with `chhura' on his chest. He caught hold of Kanhaiya Lal and raised an alarm whereupon his brother Ghanshyam, his sister-in-law (Bhabhi) and his mother came there. Thereafter Kanhaiya Lal fled away. He was brought to the hospital by Hariom Panchal, Radhey Shyam Panchal, Durga Prasad Sharma and Ghanshyam and they got him admitted for treatment. It was alleged in Ex. P20 that on account of previous enmity and with the intention to kill, Kanhaiya Lal had caused injury to him. On the basis of `parcha-Bayan' Ex. P20, a case under Section 458 IPC was registered by the SHO, Lakheri. Formal FIR is Ex. P23. The Investigating Officer reached on the spot and prepared Site Plan Ex. P2. Blood was seized vide Seizure Memo Ex. P3 from the spot. The dying declaration Ex. P9 of the deceased was recorded by PW5 Arif Mohd. Madani, Judicial Magistrate, Lakheri at the same night at 3. 18 a. m. Hariom expired on 11. 2. 93. Post-mortem examination was conducted by the Medical Board consisting of PW14 Dr. Rakesh Sharma and Dr. G. S. Vishnar, both Medical Jurist, M. B. S. Hospital, Kota. He (Dr. Rakesh Sharma) prepared Post-mortem Report Ex. P17. Before death Hariom was also medically examined by PW18 Dr. Mangilal Meena, Medical Officer, C. H. C. , Lakheri and he prepared Injury Report Ex. P18. Smt. Ramnathi, who is mother of the deceased was also medically examined on 11. 2. 93 at 10. 30 a. m. by the same Medical Officer and he prepared Injury Report Ex. P19. On the death of Hariom, the investigation proceeded further for the offence under Section 302 IPC. `panchnama' Ex. P10 of the dead body was prepared by the Investigating Officer. Statements of the witnesses were recorded under Section 161 Cr. P. C. `baniyan' which the deceased was wearing at the time of the incident, was seized and sealed by the I. O. vide Seizure Memo Ex. P21. On completion of the investigation charge-sheet was filed against co-accused Gajendra Kumar. As the appellant was absconding, charge-sheet was filed against him under Section 299 Cr. P. C. in the Court of Judicial Magistrate, Lakheri who committed the case to the Court of learned Sessions Judge, Bundi. In due course the file was received by learned Additional Sessions Judge, Bundi for trial. Learned Additional Sessions Judge framed charges under Section 302/34 and 302/120b IPC against Gajendra Kumar who pleaded not guilty and claimed trial. During trial he died and, therefore, proceedings against him were dropped. Appellant Kanhaiya Lal was arrested on 26. 12. 96 and on his disclosure statement and at his instance, `chhura' was recovered from the house of Anandi Lal vide Seizure Memo Ex. P13. Thereafter supplementary charge-sheet was filed against the appellant in the Court of Judicial Magistrate, Lakheri who committed the case to the Court of learned Sessions Judge, Bundi who transferred it to the Court of learned Additional Sessions Judge No. 1, Bundi. Learned Additional Sessions Judge framed charge under Section 302 IPC against the appellant who pleaded not guilty and claimed to be tried. To prove this charge, the prosecution examined as many as 25 witnesses. In his statement recorded under Section 313 Cr. P. C. the appellant pleaded innocence and false implication. However no evidence in defence was adduced. Learned Additional Sessions Judge on hearing the final submissions, convicted and sentenced the appellant as indicated here-in-above. We have heard learned counsel for the appellant, learned Public Prosecutor and have also scanned and scrutinized the material on record. It is not in dispute that deceased Hariom met with the homicidal death. PW18 Dr. Mangilal Meena deposed that on 11. 2. 93 at 2. 45 a. m. as Medical Officer Incharge, C. H. C. , Lakheri, he examined Hariom S/o Bajrang Lal, aged 28 years, by caste-Gujar, R/o Nayapura, Lakheri and found the following injury on his person:- (1) Stab wound 8 x 3 x cavity deep on the chest, 1" below right nipple. Dr. Meena also stated that this injury was caused by sharp weapon and the duration of the injury was within two hours. He prepared Injury Report Ex. P18. He further stated that in view of serious condition of Hariom, he referred him to M. B. S. Hospital, Kota for treatment.
(3.) PW14 Dr. Rakesh Sharma stated that on 11. 2. 93 he was posted as Medical Jurist, M. B. S. Hospital, Kota. On that day at 3. 45 p. m. post-mortem examination on the dead body of Hariom was conducted by Medical Board of which he was one of the members. The following injuries were found on the dead body:- EXTERNAL INJURIEs (1) Post operation stitched wound vertically oblique 11" long extending just below right nipple upto right flank of abdomen. (2) Drainage tube wound 1" oval right thoracic region lateral aspect. (3) Drainage tube wound 1" oval right abdominal region laterally. INTERNAL INJURIEs (1) 6th and 7th rib of right side were cut. (2) Peritoneum was found repaired. (3) 6" stitched wound on superior surface of liver. (4) Right kidney was absent. Dr. Sharma further stated that the cause of the death was shock due to ante-mortem injury to liver, diaphragm and right kidney. The injury was sufficient in the ordinary course of nature to cause death. Post-mortem Report Ex. P17 was prepared. It was also stated by him in his cross-examination that the injury was caused by sharp weapon. From the testimony of Dr. Rakesh Sharma and Dr. Mangilal Meena, it has been established by the prosecution beyond reasonable doubt that the cause of the death of Hariom was stab wound on his chest which was inflicted by sharp weapon. Therefore, homicidal death of deceased Hariom stands proved. ;